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ReconciliationNewsIssue No 29 // May 2014
Adam Goodes
2014 Australian of the Year on NRW
The Hon Fred Chaney AO
recollections of a quiet achiever
Noel Pearson
time to complete our Constitution
CEO’s message
Caution: Aboriginal and Torres Strait Islander peoples should be aware that this publication may contain the images of deceased people.
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As the national organisation building relationships between Aboriginal and Torres Strait Islander peoples and other Australians, Reconciliation Australia acknowledges the traditional owners of country throughout Australia and their continuing connection to land, waters and community. We pay our respect to them and their cultures, and to the elders both past and present.
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Cover image: Adam Goodes, 2014 Australian of the Year (Image courtesy of the National Australia Day Council)
This edition of Reconciliation News coincides with National Reconciliation Week, always a high point on our calendar thanks to the widespread support it now attracts all around Australia. The goodwill and positive energy generated by NRW is clear evidence that true reconciliation is certainly within our grasp.
CONTENTS
3 NRW: a special week
4 NRW ticks all the boxes
7 How and why a poster?
8 Fred Chaney: recollections of a quiet achiever
11 Gurrumul and Delta on board for Sing Loud!
12 Nova Peris: still dreaming the dream
14 on the road again: Journey to Recognition
16 Noel Pearson: let’s complete our Constitution
19 No reason to unbolt the RDA
Framed by two significant anniversaries—the 1967 referendum and the High Court’s 1992
Mabo decision—NRW reminds us that great achievements take courage and persistence.
In a week chock full of activities, NRW offers all Australians the opportunity to join in and
celebrate our diversity, our cultures and our relationships. This year’s NRW theme, Let’s walk
the talk, is an open invitation to everyone to turn their good intentions into action especially
in relation to the proposal to recognise Aboriginal and Torres Strait Islander peoples in the
Constitution.
You can read Noel Pearson’s persuasive argument in favour of constitutional change on
page 16, and Senior Australian of the Year the Hon Fred Chaney AO also touches on this
important topic in his wide-ranging interview on page eight.
I really enjoyed reading the thoughts of nine prominent reconciliation supporters on just what
NRW means to them, as I’m sure you will. One of last year’s NRW Ambassadors, Meshel
Laurie says her firm belief is that ‘friendship is the key to real and meaningful reconciliation’
while another NRW Ambassador, Troy Cassar-Daley, says that ‘we must put as much effort as
we can into education’.
We have also included an extended excerpt from the maiden speech of Senator Nova Peris,
the first Aboriginal woman in the Australian Parliament. If her past sporting achievements are
anything to go by, she will be a passionate and determined representative for the Northern
Territory and we wish her well.
Possible changes to the Racial Discrimination Act has been a focus for us over the last couple
of months. The argument against change by the Reconciliation Australia Board of Directors is
outlined on page 19. This in an issue that we all need to speak out against at every opportunity.
Featured on our cover is Australian of the Year, Adam Goodes, whose legendary courage and
commitment on the football field is equally evident in his forthright comments against racism.
We congratulate both Adam and our Board director the Hon Fred Chaney AO on their
well-deserved Australian of the Year awards.
The report by our Recognise team on their
journey around Australia brings you up to
date with their ongoing travels which have
encouraged many new supporters to come
on board. If you’re keen to walk the talk—you
can do that immediately by signing up as a
supporter through the Recognise website.
I am delighted that NRW has become such
an important focus for reconciliation and I
encourage everyone to walk the talk and be part
of this significant week.
Leah Armstrong,
CEO Reconciliation Australia
Issue No 29 // May 20142
Back when it began in 1993, NRW
was known as the Week of Prayer for
Reconciliation and was supported by
Australia’s major religious groups. Under
the guidance of the Council for Aboriginal
Reconciliation (now Reconciliation Australia),
it has evolved into the all-embracing
celebration that it is today.
The two dates that bookend the week,
27 May and 3 June, recall significant
milestones in the reconciliation journey—the
1967 referendum and the High Court’s Mabo
decision in 1992.
The 1967 referendum was a defining event
in our history. It remains Australia’s most
successful referendum with more than
90 per cent of Australians voting in favour of
the proposition to recognise Aboriginal and
Torres Strait Islander peoples in the national
census and to give the Commonwealth the
power to make laws for them.
The stunning result was achieved after
a concerted 10-year campaign involving
both Aboriginal and non-Aboriginal people
who tirelessly marched, lobbied, published,
promoted and debated in support of the
Yes case. And Australians overwhelmingly
agreed it was a wrong that needed to
be corrected.
The landmark Mabo decision was another
major turning point for Aboriginal and Torres
Strait Islander peoples. The highest court
in the land confirmed the legal right of
Aboriginal and Torres Strait Islander peoples
to the land they had occupied prior to
colonisation This legal recognition paved the
way for Native Title land rights.
Our NRW theme this year is Let’s Walk the
Talk—an invitation to all Australians to turn
their good intentions into action, especially
supporting the campaign to recognise
Aboriginal and Torres Strait Islander
peoples in our Constitution.
Ways you might become involved include
holding an event at your school, office,
community centre or in a nearby park.
Perhaps invite a local elder to speak at
your event about the history of the First
Australians in your local area. Maybe
screen a film for your staff or class like
The Sapphires, Bran Nue Dae or Ten
Canoes. We have a list of good ideas on
our website www.reconciliation.org.au/nrw
which is where you should also register
your event.
Enjoy National Reconciliation Week. It’s
an occasion to marvel on just how far we
have come and the perfect time to imagine
what is possible as we look ahead!
While the start of winter always falls during National Reconciliation Week, there’s no denying the warmth of the celebrations. NRW is a time when all Australians have an open invitation to learn about our shared histories, cultures and achievements and to become involved in the national reconciliation movement.
NRW: a special weekNeat dance moves at the launch of NRW in Cairns last year. (image by Leigh Harris)
3Issue No 29 // May 2014
NRW ticks all the boxesTo highlight National Reconciliation Week, we asked some of our dedicated reconciliation supporters to tell us why they think NRW is such an important annual event. It’s been inspiring to read their words and to see just what it means to them.
Because it stretches over a week, there are abundant opportunities to attend some of the associated activities. Last year more than 700 separate NRW events were registered and we’re expecting to see just as many again this year.
Here are the personal observations of some of our reconciliation true believers.
Adam Goodes2014 Australian of the Year
While National Reconciliation Week is an
important event for Aboriginal and Torres
Strait Islander peoples, it’s equally relevant to
non-Indigenous Australians. Because we’re
all in this together. Of course, reconciliation is
not confined to a single week, it’s a gradual
ongoing process, but NRW gives us all a
chance to reflect on where we’re at. On the
eve of NRW 2014, there’s no doubt things
are better now than they were 20 or 30 years
ago. That’s not to say all is rosy and bright,
because we still have a fair distance to travel
on the reconciliation journey. But the signs
are good.
For me, the footy season is always in full
swing when NRW comes around so I
seldom have much free time. And this year in
my role as Australian of the Year I have even
less! But I notice we have a big Thursday
night home game against the Cats during
Australians to connect, to communicate
directly, to ask questions and to learn
about each other—to become friends. All
it requires is that little bit of encouragement
for people to take a chance and have a
go. I reckon National Reconciliation Week
provides that encouragement.
Troy Cassar-DaleyLegendary country singer
Reconciliation to me is an extension of what
my family back in Grafton learned from our
grandparents. My Nan and Pop were hard
working Indigenous Australians who taught
us that colour should never be a barrier …
a common saying my Nan had was ‘see a
job big or small, do it right or not at all’. This
has been the basis on which my career and
life have been built.
My Pop worked alongside non-Indigenous
men on the NSW Railways who respected
NRW so I’m hoping I might be able to get
along to a couple of events on the weekend.
However you choose to celebrate the week,
I hope it gives you joy and inspiration.
Meshel LaurieComedian, TV and radio personality
National Reconciliation Week last year was
such a joy for me, mostly because of the
opportunities it gave me to engage with
Indigenous people and culture.
My firm belief is that friendship is the key to
real and meaningful reconciliation. It was my
close childhood friendships with Indigenous
children that created an abiding love in me
for them, their families and their culture.
Those relationships gave me respect and
curiosity, and made it impossible for me to
ever fall victim to silly rumours and racism.
Social media makes it easier than ever
before for Indigenous and non-Indigenous
Adam Goodes Meshel Laurie Troy Cassar-Daley
Issue No 29 // May 20144
him for his work ethic and did not judge him
for the colour of his skin.
In order to move forward with reconciliation
in this country we must put as much effort
as we can into education. Education for our
young generation to give them the keys to
the door for a brighter future, and education
of broader non-Indigenous Australia about
us as a people and our culture to take away
the fear factor that is brought about by a
lack of understanding. I hope to continue
to build bridges with my music as much
as Deb Mailman does with her acting and
Greg Inglis does with his football career.
This won’t happen overnight but I know
the majority of Australia would like to walk
forward in the same direction on a positive
open road together.
Jennifer WestacottChief Executive, Business Council of Australia
During last year’s NRW, the BCA held a
morning tea for staff and invited our young
Aboriginal intern to speak about her life
and family, and what reconciliation meant
for them.
What really stuck for me was a comment
she made about how the interest we
showed in her culture contributed to her
pride and confidence and her wish to learn
more about her own background.
It reinforced my sense of what businesses
can do and are doing to foster
reconciliation through mutually beneficial
engagement with Aboriginal and Torres
Strait Islander Australians.
Every year, our member survey shows how
businesses represented in the BCA are
starting to make a real difference, through
supporting economic development but
also through building relationships and
understanding between Indigenous and
other Australians.
This is a leadership responsibility that should
be very straightforward for our members, and
they want us to be constantly encouraging
and supporting them to go further.
Richard Freudenstein Chief Executive Officer, Foxtel
As a member of the RAP community, Foxtel
is committed to engaging all Australians in
National Reconciliation Week this year.
I’m proud we’re able to leverage Foxtel’s
talents to support the theme of Let’s walk
the talk by providing community service
announcement airtime to Reconciliation
Australia and raising awareness of our
employees through internal events and
communications.
National Reconciliation Week is important
for us all because it brings Indigenous
and non-Indigenous Australians together
to celebrate Aboriginal and Torres Strait
Islander success and reconciliation.
And we’re walking the talk with
Reconciliation Australia and the Central
Australian Aboriginal Media Association
(CAAMA) by producing our third Who We
Are television series targeting Australian
school students, which will be released later
this year.
Reconciliation is such an important part of
the Australian agenda and we will continue
to ensure it is a priority now, and in the
years ahead.
Alison PageExecutive Officer, Saltwater Freshwater and designer
The latest census data tells us that
over half of our mob are 24 years or
younger so this year, as another National
Reconciliation Week rolls around, I want
to talk to all those young people about
the historical significance of NRW, which
commemorates two watershed moments
in our nation’s history.
May 27 will mark the anniversary of the
1967 referendum, which saw over
90 per cent of Australians vote to give the
Commonwealth the power to make laws
for Aboriginal and Torres Strait Islander
peoples and count them in the national
census. My dad was 25 in 1967 and so
had spent his whole youth invisible to the
country that his own father served in war
to protect.
That referendum changed my father’s life
and it changed mine too—even though I
wasn’t even born. It was a turning point in
this nation’s history. Now 47 years later we
have another opportunity to take another
leap forward by recognising Aboriginal
and Torres Strait Islander people in our
Constitution. We have the chance to give
positive recognition to the contribution
of the world’s oldest living culture to our
national identity.
Jennifer Westacott Richard Freudenstein Alison Page
Issue No 29 // May 2014 5
On 3 June 1992, the High Court of Australia
delivered its landmark Mabo decision
recognising our continued connection to
the land. As significant as the native title
legislation is, it will not and cannot be of
benefit to all our people simply because
most of us have been dispossessed and
have been unable to maintain the continued
association to land upon which proof of
native title depends.
For this reason, under the Aboriginal and
Torres Strait Islander Act, a Land Account
was established as part of the ‘grand
bargain’ to facilitate the acquisition of
land for our communities who would not
otherwise be able to access land through
the formal native title process.
As a young Aboriginal woman, I am proud
to sit as a Director on the Indigenous Land
Corporation, whose job it is to honour the
original intention of the ‘grand bargain’
and assist communities to acquire and
manage land, which will achieve economic,
environmental, social and cultural benefits
for generations to come.
Happy NRW!
Senator the Hon Nigel ScullionMinister for Indigenous Affairs
It is now six years since the historic day
in 2008 when the Apology, in a show of
bipartisan support, passed Parliament.
I have to confess that initially I was not
convinced that it would translate into
something meaningful for Aboriginal and
Torres Strait Islander people. My main worry
was that the Apology might turn out to be
nothing more than a word; an empty gesture.
I was wrong. I came to see first-hand the
profound and positive effect the Apology
had on my close friends and I was left in no
doubt that this was a highly transformative
experience that gave Indigenous people
permission to grieve and commence the
journey forward; together with all
Australians. It represented to me the
meaning of true reconciliation.
These things may be symbolic but they have
real meaning for people. I have not looked
back and I will be throwing my efforts behind
our First Australians being recognised in the
Constitution because it will signal unity for
our nation and is another major milestone
towards healing for all Australians.
Andrea MasonCoordinator, Ngaanyatjarra Pitjantjatjara Yankunytjatjara (NPY) Women’s Council, winner of the 2012 Indigenous Governance Award
For me, reconciliation sits in the space
around opportunities that individuals take
on to build a reconciled Australia. The broad
impact resulting from opportunities taken
to advance reconciliation may not always
be obvious at the beginning of the journey.
However it has been my experience that
saying yes when such chances are offered
can lead to extraordinary friendships and
unique life changing experiences.
So when I reflect on the importance of
National Reconciliation Week in Australia,
I see it as an amazing opportunity for
individuals, organisations and communities to
take action to becoming a reconciled nation.
In the main meeting room at NPY Women’s
Council in Alice Springs hangs a print that
was commissioned to commemorate the
handing back of Uluru in 1995. The print
contains some powerful words: Nyuntu
Anangu Maruka Ngurangka Ngaranyi. In
English the translation is ... you are on
Aboriginal land.
NRW helps me to reflect on the truth of
this statement and also to reflect on areas
where more opportunities and relationships
may need to be developed and how I can
facilitate this through my commitment to a
reconciled Australia.
John DanalisTeacher and children’s author
I love the theme of this year’s NRW; it’s a real
challenge to us all to get off our backsides
and not take reconciliation for granted. I’ll
be ‘walking the talk’ at a local event with
my kids on the Northside of Brisbane, as
well as getting along to the State Library
of Queensland on the 27th to listen to a
conversation on the evolution of storytelling
in Indigenous Australia.
I believe story is the great change-maker in
the world—it’s like fire—and our storytellers
are the keepers of the flame. During the
week I’ll be connecting with friends from the
Tiwi Islands, down to the Murray River, doing
a little quiet reflection, and hopefully having a
few big belly laughs too.
Senator the Hon Nigel Scullion Andrea Mason John Danalis
Issue No 29 // May 20146
How and why a poster?
One of the important elements in promoting
National Reconciliation Week has always
been the poster, which drives the look and
feel of the campaign.
Now some might say that in these techno
times of Facebook, Instagram and Twitter,
perhaps posters are yesterday’s marketing
medium. It’s a fair enough point of view. But
because lots of people have a stake in NRW
and are keen to help promote it, the poster
is an easy and practical way to spread the
word. That’s why you’ll see it on office walls,
in community centres, shopping malls, public
billboards and even on people’s fridges!
Because reconciliation is vital for Australia’s
future wellbeing, we decided to use young
people to depict the way forward. Our good
friends at the National Centre of Indigenous
Excellence (NCIE) in Sydney found the
‘talent’—Emily Schnierer, of Torres Strait
and Hungarian heritage, Sam Refshauge,
of English and Danish heritage and Sara
Hamilton, a proud Gamilaroi woman.
These days taking a photo is a fairly
straightforward task but to get the right
composition, with faces in focus, everyone
smiling and no-one blinking usually takes
a bit of time. Aboriginal photographer Jo
Mayers did a great job, even setting up lights
in the park just to lift the contrast.
The three young people in the photo
personify the positive vibe of National
Reconciliation Week which is all about
bringing people together and celebrating
our diversity as a nation. Our thanks go to
Emily, Sam and Sara for their time, to Nancia
Guivarra from the NCIE for coordinating
the talent, to Luke Briscoe for his kind
assistance on the day and of course to Jo
for capturing the moment.
National Reconciliation Week 201427 May to 3 June
Let’s walk the talk!
The 2014 NRW poster featuring Emily, Sam and Sara. (Image by Jo Mayers)
7Issue No 29 // May 2014
Recollections of a quiet achiever
Fred Chaney’s long history of working to improve the lives of Aboriginal and Torres Strait Islander peoples stems from his firm commitment to social justice and a belief in the inherent equality of people. Formerly a lawyer, Fred served as a Liberal Senator for Western Australia from 1974 to 1990 and as the Member for Pearce from 1990 until 1993. His ministerial appointments included two years as Minister for Aboriginal Affairs.
2014 Senior Australian of the Year the Hon Fred Chaney AO (Image courtesy of the National Australia Day Council)
Issue No 29 // May 20148
Your advocacy for Aboriginal and Torres Islander people and your passion for social justice has been a life-long crusade that continues today. What was it that first ignited that passion and why did you dedicate yourself to the cause?
Ideas about right and wrong were implanted
in me before I met my first Aboriginal person
when I was 14. I was uncomfortable with what
I saw then about relationships and respect
through the window of that first encounter.
It did not seem right to me and roused my
interest and curiosity. What I learned about
and saw as a student at university confirmed
that treatment of Aboriginal people did not
conform to the normal Australian principles of
mateship and the fair go. Visiting Aboriginal
reserves in the south-west of Western
Australia, seeing people who did not have the
right to vote and were not even counted as
Australians, as well as witnessing overt acts of
racism, were all part of convincing me that this
was the most significant aspect of Australian
life that had to be changed.
Before you entered Parliament you were very active in the campaign leading to the 1967 referendum. In what ways did working closely with Aboriginal people on that landmark event shape your commitment to reconciliation?
In the 1967 campaign as in many others during
my lifetime I was a foot soldier rather than a
general. My earlier involvement in the voting
rights campaign in 1961 through the University
Liberal Club was an early lesson that you need
to work with other people to achieve change.
The voting rights campaign involved citizens
working with Indigenous people and supporting
politicians across party lines working for
change. The 1967 referendum was brilliantly
led by Aboriginal and Islander people. People
like me, active in politics, were part of the
network of support. Again there were powerful
lessons. In that case Aboriginals and Torres
Strait Islanders built a coalition of support
across the political divide in Parliament and in
the community that carried the day.
As university students we did work closely
with Aboriginal people and subsequently my
work as a lawyer brought me into contact
with Aboriginal people as clients. But the
opportunity to work in partnership with
Aboriginal people as against supporting their
cause really followed the referendum when
people really did work together to establish
legal and other services. The idea that we
needed to work together on these issues
was so obvious that the idea of reconciliation
was obvious too.
Another lesson I draw from this history is that
the issues should not be party politicised.
Of course they are political issues but they
are not and should not be party issues. The
record shows that both sides of politics have
taken important steps in righting historic
wrongs. Cross-party and community support
should be the aim.
You served in the Federal Parliament
for 20 years including several years as
the Minister for Aboriginal Affairs. It’s
always been a complex portfolio and
so I wonder what lessons you learned
and what advice you might have for the
current minister, Nigel scullion, on how
to be successful in the role?
As I said to Nigel Scullion recently it’s probably
irritating to have a minister from 35 years
ago working in your patch. There have been
a lot of Ministers for Aboriginal Affairs since
me and we should all be modest in offering
current Ministers advice. My heavy personal
involvement in reconciliation, education,
protection of native title and delivering social
economic and cultural benefits from native
title will continue. Beyond that there are well
known lessons from the last four decades
about what works and the vital need to
structure government delivery platforms in
ways which actually work. That means a high
degree of bottom up (i.e. Aboriginal and Torres
Strait Islander people) involvement in program
design and delivery, something successive
administrations have found difficult to achieve.
The good intentions of the present
Government are apparent and they, like
all governments, have a real challenge in
achieving results equal to their ambitions.
The capacity to work with Indigenous people
rather than on Indigenous people has to be
developed in the bureaucracy if the Prime
Minister’s laudable ambitions are to be realised.
The High Court’s Mabo decision in 1992
and the Apology in 2008 were significant
events for different reasons. Mabo
was about justice and precipitated real
changes to Aboriginal land rights, while
the Apology was about acknowledgement
and healing. What do you remember
of those two events and how did they
change Australia?
The Mabo decision was in my view the most
important turning point for Indigenous people
since white settlement. Recognition in the
Common Law of rights flowing from Indigenous
law and custom resulted in a significant shift
in the balance of power and has enabled
Indigenous people to come to the table as
legally recognised stakeholders rather than
as mendicants. Of course the outcomes are
uneven, there has been a lot of extinguishment
of native title since settlement. But even where
native title has been held not to be present
as the Courts found for the magnificent Yorta
Yorta people, they have still been able to come
to the table as a people requiring recognition.
And I remember about the Mabo decision on a
personal level as a moment of exhilaration and
a moment of celebration.
The Apology was really important to a large
number of Indigenous people and families who
had been directly or indirectly affected by child
removal policies. Its impact was heightened
by the reluctance of the previous government
to use the word that those affected wanted
to hear. That the Apology now has been
embraced by the present government as well
as the last is a sign of our maturing as a nation
and as a society. Again, the Apology was a
moment to be celebrated.
As well as being a long serving director of
Reconciliation Australia, you are the Chair
of Desert Knowledge. What is the role of
Desert Knowledge and what projects and
programs does the organisation undertake?
Desert Knowledge Australia is a statutory
corporation of the Northern Territory which
seeks to enhance the circumstances and
sustainability of all desert communities
across desert Australia. It is intercultural
in its approach believing we will have a
shared future. It has worked on intercultural
After leaving Parliament, Fred was Chancellor of Murdoch University for eight years and was the founding Co-Chair of Reconciliation
Australia and continues as a Director on the Board. He established the Aboriginal Legal Service of Western Australia and for many years
was Deputy President of the National Native Title Tribunal. He was instrumental in establishing the Graham (Polly) Farmer Foundation, which
supports Indigenous young people to reach their potential and is currently Chair of Desert Knowledge Australia. In January he was named
Senior Australian of the Year for 2014. Fred recently spoke to us about his long involvement in the reconciliation movement.
Issue No 29 // May 2014 9
leadership, small business development
and, most significantly from my personal
perspective, on how to structure government
in remote Australia so that it works for all the
people who live in that vast area.
over the years, you have no doubt met
many influential people from all walks
of life. Who have been some of the most
inspiring and why?
One of the many good fortunes in my life
has been to work with inspiring people who
provided me with moral and intellectual
leadership. The three High Court judges
who have come from Western Australia are
good examples. Ron Wilson taught me at
Law School, as Solicitor-General supported
us when we were setting up the Aboriginal
Legal Service (ALS) in Western Australia,
and after leaving the High Court, led on the
issues relating to the stolen generations.
John Toohey also taught me at Law School
and was the first lawyer we employed in
the ALS in the North-West and has been a
consistent friend and mentor over 50 years.
The current Chief Justice, Robert French,
who is much younger than I am, was an
inspiring student leader instrumental in
establishing the Aboriginal Legal Service in
Western Australia. He and I worked closely
together in the Liberal Party subsequently
and much later I served under him in the
National Native Title Tribunal. Oddly enough
for an ordinary lawyer like me I have had the
opportunity to work with the best of lawyers
who have used their skills for the betterment
of society generally and for Indigenous
people specifically.
Hal Wootten QC and Ron Castan QC are
other inspiring figures in my life whose
beautiful minds informed mine. In politics I
am deeply grateful the leadership Malcolm
Fraser always showed on racial matters.
From my first associations with him in 1975
I never knew him to deviate from his clearly
expressed view to our Party Room that he
would have no truck with a policy which
suggested one person was better than
another because of skin colour.
I’ve also been inspired by public servants
who I have worked with, some of whom
are my workmates still 35 years later. Tony
Ayers, Bill Gray, Neil Westbury (first CEO
of Reconciliation Australia), Mike Dillon and
Peter Shergold are just a few of the principled
people I have been honoured to work with.
This could be a very long list indeed because
I have predominantly worked with people I
admire. My advice to younger players is to
work with the best people you can find, the
people you most admire, because they will
make you better then you are.
As senior Australian of the Year for 2014,
you have the rare opportunity to garner
media attention, speak publicly and
lobby governments and business. What
will be your messages and what do you
hope to achieve during your tenure?
This honour has been given to me in a
year which was already crammed with
activities. It does provide some additional
public opportunities but my real priority is
to continue to do everything I can to ensure
that the massive goodwill in the community
and in the Government is translated into real
results for Indigenous Australians. I believe
it is essential to remain involved in on the
ground activities to remain relevant to
the debate.
My key message is to do things with
Indigenous people not to them. We have
to allow the time to engage not impose
unrealistic government timetables which
preclude Indigenous participation and result
in the same old ‘boss man telling you what
to do’ failures. The Reconciliation Australia
message that respectful relationships are
essential to underpin change is in conformity
with my experience over the last 50 years.
Constitutional recognition is an important
step in the reconciliation journey which will
require exceptional political, community, and
Indigenous leadership to succeed. Once
again I will be a foot soldier in what is a
national endeavour this year.
By the end of this year we will know whether
the Government has been able to structure
itself to work effectively with Indigenous
people. I hope to contribute to that and will
do everything I can to work with governments
and the private sector to capitalise on the
massive goodwill that exists in 2014.
There is bipartisan support for the
recognition of the First Australians in
the Constitution and the Prime Minister
has personally pledged his support.
But only 8 of 44 referenda have been
successful and two of those were more
than 100 years ago. Given that the
1967 referendum campaign ran
for 10 years, are we rushing the process
or do you think it is achievable in the
life of the current parliament?
There are two conditions precedent for
the Australian community to embrace a
constitutional amendment for Indigenous
recognition. The first is to find a proposal
which will satisfy what I would call the
constitutionalists, people whose primary
concern is with the structure of government in
Australia rather than issues of race. Second,
to find a proposal which is acceptable to the
great majority of Indigenous people, some of
whom are primarily concerned with issues of
treaty and sovereignty.
To succeed, any proposal must bridge those
two constituencies. If we can avoid any
substantial minority opposition to a proposal,
a referendum during the current Parliament
could succeed. As the Expert Panel found
there is a widespread view that a failed
referendum would be a backward step. We
should have the referendum therefore when
we have the right proposal and the right
level of support from the Australian people
including, of course, the Indigenous people.
When you were announced as senior
Australian of the Year, you mentioned
in your speech that this was the ‘most
hopeful time’ of your life. What did you
mean by that?
When I first started taking an interest in the
1950s I think Indigenous people looking
around could have concluded that every hand
was against them. In 2014, with 500 plus
Reconciliation Action Plans and more on the
way, cross-party support for constitutional
recognition, the Prime Minister designating
himself as Prime Minister for Aboriginal Affairs,
cross-party support for closing the gap, and
a vast number of community-based initiatives
around working with Indigenous people, it is a
very different scene.
We have an unprecedented opportunity to
improve our relationships and to improve
the social and economic circumstances of
Indigenous Australians. Australia 2014 is
a foreign country compared with Australia
1960. There are allies rather than enemies
everywhere. I am realistic about the fact
that we could waste this opportunity, but
with good leadership, both Indigenous and
non-Indigenous, and a real acceptance of
the critical role Indigenous people themselves
have in making change happen, I do feel
justified in calling this era the most hopeful in
my lifetime.
Issue No 29 // May 201410
Delta and Gurrumul on board for Sing Loud!
everyone a chance to walk the talk in
line with this year’s NRW theme. “We’re
looking for heartfelt songs about the hope
of one day waking to a reconciled, just and
equitable Australia,” she said.
“We want to see these songs performed
during NRW, recorded and uploaded to
the Sing Loud! webpage to be a part of the
competition.”
There are two ways to get involved. Choose
a song from the playlist on our website,
download the sheet music, chord charts and
lyrics and create your own version. If you
think you can do better than our playlist, get
creative and write a song of your own.
One of the playlist songs, Let’s Recognise,
was written by Kerry Fletcher of Sorry Song
fame. Other songs include The Journey
which was written and recorded by the
staff of Reconciliation Australia and Time
to Get Serious by Robert Beattie. The Tutti
Choir from Adelaide were quick off the
mark and were first to upload a song—their
performance of Let’s Recognise, now on the
website for all to hear.
Don’t forget to register your performance
as an NRW event and post the recording or
video on our website.
During NRW, Reconciliation Australia
would love to see (and hear) choirs all
around Australia performing reconciliation
songs. If you have any questions, please
email [email protected] or
call 02 6273 9200.
Funding for Sing Loud! has been provided
by Woodside Australia, a company
dedicated to improving the lives of Aboriginal
and Torres Strait Islander peoples.
Tired of singing the same old tunes? Looking for a new vocal challenge? Keen to sing songs that also have a powerful reconciliation message? Then Sing Loud! a song competition devised by Reconciliation Australia for National Reconciliation Week, has the answer. Sing Loud! is all about singing and performing, and creates an opportunity for community, church and school choirs to share the spirit of reconciliation during NRW.
There’s $2000 in prize money on offer for
the best cover and best original song and
the big news is that your entries will be
judged by Geoffrey Gurrumul Yunupingu
and Delta Goodrem.
Delta and Gurrumul were obvious choices
as judges for Sing Loud! following their
stunning duet, Bayini, sung in Yolngu
Matha on The Voice during NRW last year.
Director of Skinnyfish Music, Michael
Hohnen, said Gurrumul had told him: “Delta
is a letchen (beautiful), powerful singer and
she learned a lot of language (for our song
together), much more than we asked. This
was the biggest sign of reconciliation that
someone could show to an Indigenous
person—to go more than halfway.”
Reconciliation Australia project manager
Elle Shepherd said the competition gives
Delta Goodrem and Geoffrey Gurrumul Yunupingu perform on The Voice during National Reconciliation Week 2013.(Image courtesy of Shine Australia)
11Issue No 29 // May 2014
Still dreaming the dreamNova Peris was elected as a Senator for the Northern Territory in the 2013 Federal election, the first Indigenous woman in the Australian Parliament. She is an Olympian in two sports, hockey and athletics, and won an Olympic gold medal for hockey in the 1996 Olympics in Atlanta. She also won gold medals for the 200 metres and the 4x100 metres relay at the 1998 Commonwealth Games in Kuala Lumpur.
Senator Nova Peris (Image by Ray Strange, Newspix).
Issue No 29 // May 201412
“Our beliefs sustain
our spirits, they nourish
us; but at some levels
they can restrain us
too—that is the collision
point that confronts
Aboriginal people.”
I am Nova Maree Peris. I was born in
Darwin in the Northern Territory and I retain
my strong cultural and spiritual ties to my
country, to Mother Earth. I am a member of
the oldest continuous living culture on the
earth. I am proud that this hill that we meet
on here today is culturally significant to the
Ngambri people as representing the womb
of the ‘Woman’ on this Country.
It is very significant to me to be the first
Aboriginal woman elected to the Federal
Parliament of Australia. Through my mother,
I am a descendant of the Gija people of the
East Kimberley and the Yawuru people of
the West Kimberley. I am also Iwatja from
Western Arnhem Land through my father.
Aboriginal Australians are symbolic of triumph
over adversity. We represent knowledge and
wisdom held in land and country, because
in our hearts we know that we do not own
Mother Earth; the Earth owns us.
As a child growing up, I dreamt big.
Most people would have looked at an
Aboriginal girl from the Territory, where the
statistics of alcohol abuse, youth suicide,
domestic violence, imprisonment rates
and substandard education point to every
reason why I should not succeed. But I was
determined to be successful. And yes, I
am a product of that history, and I continue
to live in a society whereby the odds are
stacked against Aboriginal people.
I have always been inspired by those around
me, and my sister, Venessa Peris, has
undertaken an incredible journey of her own.
She has lived an amazing and accomplished
life serving Australia. She was a corporal and
served for 10 years in the Australian Army.
And last month she completed 10 years with
United Nations Peacekeeping operations.
Venessa served for seven years in the Ivory
Coast and survived a West African civil war,
and at one stage was involved in evacuating
more than 4,000 people. She is currently
carrying out her duties and resides in
Monrovia, Liberia.
I say this to all of my Indigenous brothers
and sisters and to all people: within every
one of us lies the ability to reach deep inside
ourselves and draw upon our inherited
It is my dream to see kids from Santa Theresa,
from Gunbalanya, from Kalkarindji and from
the Tiwi Islands all with the same opportunity
as the kids from the Eastern Suburbs of
Sydney. That is one of the reasons I am a
fierce advocate for Aboriginal people being
taught to be able to read and write English. We
cannot and should not be denied these basic
tools. Of course, we should never be forced to
renounce our culture. Our beliefs sustain our
spirits, they nourish us; but at some levels they
can restrain us too—that is the collision point
that confronts Aboriginal people.
I make the simple point that in spite of
difficulties like those I have described we
are seeing some positive health benefits
through the dedication of Aboriginal and non-
Aboriginal health professionals. We can make
a difference, whatever our differences are.
The Northern Territory is currently the only
jurisdiction in Australia that is on track to meet
the Closing the Gap target on life expectancy.
This improvement comes from people who
have sought evidence and put that evidence
into action. They have not acted on any
fixed ideology but out of dedication and
commitment. This evidence based method of
approach is, in my view, a real road sign for
the future and points the way to dealing with
so many other areas of Aboriginal life that
have seemed so intractable for so long. This
is why I will be seeking to work not only with
my colleagues in the Labor Party in holding
the government to account but also with the
current government to ensure we build on
successes in primary health care—and to
extend those successes into other areas of
our lives.
Education remains the major foundation for
self-improvement. And although education
is a basic fundamental right of every child
in this country, irrespective of their race, the
fact remains we must work hard to convince
people of the value of education.
I am a Territory girl. I am immensely proud of
who I am and where I hail from. It is majestic.
The Northern Territory’s very talented
musicians, our artists, our sports men and
women, our culture, our iconic and diverse
landscape that boasts a number of World
Heritage listings—there is certainly is no other
place I would rather call home.
strength that our ancestors have given us.
There lies a spirit that needs to be awakened.
Whilst I am obviously very proud of my
Aboriginal heritage I want to make it clear
that I do not consider myself an expert when
it comes to finding solutions for Aboriginal
and Torres Strait Islander people’s particular
predicaments. For too long we have all heard
too many people say they have the answers
for Aboriginal Australians and claim the moral
high ground. If the answers were as easily
provided as the questions are posed, we
simply would not have a problem. In fact the
answers are difficult and complex; but they
do not lie in absolute positions and simplified
slogans. Just delivering another government
program will not end the appalling rates
of youth suicide in our communities, for
example. These are uncomfortable issues
but they must be confronted.
Like many before me, for too long, I have
watched Aboriginal Australians and our
plight be used purely for political purposes. I
have seen some totally unscrupulous people
try to use the misery of some of our people’s
circumstances to promote their own cause
and agenda. Should I see this happen, I will
call it for what it is. It is racism—and I know
that is confronting—but I will not stand by
in silence. How we change things—that
remains the challenge, but I know from my
heart that nothing can be achieved without
total determination and a gut-busting effort.
Nova was named Young Australian of the Year in 1997 and was awarded the Medal of the Order of Australia in the same year. This is an extract from her maiden speech in Parliament delivered in November 2013. The full speech can be accessed through her parliamentary website.
Issue No 29 // May 2014 13
On the road again: Journey to Recognition
The latest leg of the Journey to Recognition took in South West Western Australia, stopping in small towns and regional centres and building support along the way.
“It is our generation that has both the responsibility—and also the great privilege—to bring about an historic change that will forge a more unified future together”.
to see Aboriginal and Torres Strait Islander
peoples recognised in the Constitution, and
see racial discrimination removed from our
founding document.
Local Noongar man Lester Coyne welcomed
campaigners to his country, encouraging
locals to keep the conversation going
and reinforcing that this would require all
Australians to work together.
It was indicative of the goodwill and unity
that has been seen throughout communities
in the South West.
With a throng of locals, the federal
Indigenous Affairs Minister Senator Nigel
These were the words that recognition
campaigners, Jane Powles, Sonia Waters
and Libby Collins left echoing over the hills
and beaches of Esperance as the Journey
to Recognition ended its Western leg.
In Albany, a 300-strong crowd gathered to
walk up York Street Hill, united in their quest
The Journey to Recognition kicked off in Fremantle on March 10 led by Whadjuk Noongar elders. (Image by Roel Loopers courtesy of Recognise)
Issue No 29 // May 201414
Scullion braved the wind and early morning
to walk with the Journey in Esperance.
After a seven kilometre walk from Salmon
Beach, he said: “It was great to once again
be a part of the Journey to Recognition
and to see so many members of the
community in Esperance supporting this
important movement.”
In Cape York, Harold Ludwick, a Traditional
Owner from the Bulgen Warra group
west of Cooktown, said the arrival of
the recognition campaigners would be a
wonderful opportunity to share information
with local communities.
“In the most important document of
Australia, the First Australians were denied
recognition—but now in the 21st century
we are rallying support for the inclusion of
Indigenous people in the Constitution,”
he said.
“This upcoming referendum is crucial to the
Indigenous people of Australia and we look
forward to welcoming the Recognise mob
onto our country.”
Torres Strait Regional Authority member
and Reconciliation Australia Board director,
Kenny Bedford is planning a warm Torres
Strait Islander welcome: “The Torres
Strait Islands have produced some of our
greatest leaders in the quest for equality
and recognition. We look very forward to
welcoming the Journey to Recognition to our
homelands and this chance for our people to
be recognised in our nation’s Constitution.”
“Our bloodlines are
connected to the
oldest continuing
cultures on the planet.
This remarkable and
impressive story should
be recognised in our
founding document.”
“This upcoming
referendum is crucial to
the Indigenous people
of Australia and we look
forward to welcoming
the Recognise mob
onto our country.”
Senators Christine Milne, Rachel Siewert
and Scott Ludlam all there to restate their
commitment.
Over another 20 days in the nation’s
south-west, the Journey made its way
through tiny towns and regional centres,
stopping in Roelands, Bunbury, Margaret
River and Denmark.
In Yallingup, Traditional Owner Bill Webb
took walkers through his country, sharing the
remarkable history, culture and stories of the
Wardandi people.
“Preserving our history and knowledge.
That’s what Aboriginal people are doing,”
he said.
In Busselton, Josh Whiteland honoured
his connection to the Wardandi Bibbulman
people, who have walked the South West
Cape region and surrounding areas for over
50,000 years. “Our bloodlines are connected
to the oldest continuing cultures on the
planet. This remarkable and impressive
story should be recognised in our founding
document. It’s about acknowledging the
truth. Someone was and still is here,” he said.
And in Nannup, Wardandi woman Mitchella
Hutchins passed down knowledge about
the history of the town and the strong
relationships between Aboriginal and
non-Aboriginal people. “Thank you fellas
for all coming and walking together for a
brighter future for all Australians,” she said.
These remarkable Australians and so many
others have stood with us and pledged
their support over the past year. These are
the stories that we carry with us across the
country; they belong to people who will bring
us closer to a successful referendum.
Elders and young people, parents and
mayors, community leaders and everyday
Australians of every background are helping
build the wide public support needed for a
strong Yes vote.
And they have told recognition campaigners
just why constitutional recognition and
the removal of race discrimination matters
to them.
The Recognise relay is now preparing to
make its way to Cape York and the Torres
Strait. Locals will be invited to join the relay
at a series of events—and to walk, drive and
even ride with it.
“A successful referendum would be a
unifying moment for the nation. We all have
a responsibility to get involved and support
the recognition of Aboriginal and Torres Strait
Islander Australians in our Constitution.”
The journey through South West WA began
a month earlier in Fremantle, when Elders
from the Whadjuk Noongar community led
locals in the first steps.
Whadjuk Noongar Elder, Cedric Jacobs had
these powerful words to share: “I invite you
on behalf of our Elders to walk with us, at
our pace, in peace and unity, as it will align
us with the soul and spirit of our land.”
“For after all, this land’s resources have
been managed in a sustainable way by my
ancestors for 50,000 years.”
Young Noongar woman, Tiana Culbong,
asked Fremantle to stand with her in
supporting the movement: “It is now 2014. A
time for change; a time to move forward as a
nation united; a time to remove a constitutional
silence; a time to recognise Aboriginal people
and our history in this country.”
And there had been further reinforcement
of the cross-party support for recognition,
with Labor MP Melissa Parke and Greens
As the journey continues, the movement
grows.
Since launching in May last year, small relay
teams of Recognise campaigners have
visited 130 communities and involved more
than 10,500 Australians.
Each meeting brings us closer to the day of
referendum. Every Australian has a role to
play. This is our chance and our choice to
write the next chapter of our story together.
Sign up today at www.recognise.org
Issue No 29 // May 2014 15
Time to complete our Constitution by Noel Pearson, Chair Cape York Group
Noel Pearson (Image by David Geraghty, Newspix)
Issue No 29 // May 201416
Noel Pearson was born and raised in Cooktown, North Queensland, the youngest son of Glen Pearson from the Bagaarrmugu clan and Ivy Pearson (formerly Baird) from the Guggu Yalanji peoples. After matriculating from St. Peters Lutheran College in Brisbane, he graduated from Sydney University with degrees in history and law.
Noel has long campaigned for the rights of Cape York Aboriginal people and he played a pivotal role in the establishment of the Cape York Land Council in 1990. Over the past 20 years he has been involved in many key Indigenous issues, including the historic Wik decision and the drafting of the Native Title Act in 1993. Noel is presently the Chair of the Cape York Group.
This article is an extract from Noel’s Whitlam Oration delivered at the Whitlam Institute, University of Western Sydney.
Constitutional recognition of Indigenous
peoples has been on the agenda for a long
time. Now, momentum for change is coming
to a head. In January 2012, the Expert Panel
delivered its recommendations to Prime
Minister Gillard. A public education campaign
has been mounted. Lawyers are workshopping
possible words and amendments. Politicians
are deliberating on changes.
To win a referendum, a majority of voters in
a majority of states need to vote yes. For
that to happen, bipartisan support for the
proposal must be achieved. If we expect
Australians to vote yes, the general public
needs to feel the change is necessary, and
understand the problem we are trying to fix.
What is wrong with our Constitution the way
it is? Why does it need to change?
For the most part, our Constitution is fine.
It has set up the legal framework for a
stable, prosperous democracy in Australia.
It is—mostly—written in neutral democratic
language. It contains no gender bias. It
makes no mention of preferred sexuality. It
contains no religious bias. It is primarily a fair
and just document, and creates a fair and just
democratic system. Except in two respects.
There are two problems in our Constitution.
The first is the non-recognition of Indigenous
peoples. The second is racial discrimination:
our Constitution still contains provisions
which allow governments to discriminate on
the basis of race.
Prior to the 1967 referendum, Indigenous
peoples were explicitly excluded from
the Constitution. Section 127 prevented
Indigenous people from being counted in
the Census. Indigenous people were also
excluded from the scope of Section 51(xxvi),
the Race Power. The 1967 referendum
reversed this exclusion by deleting Section 127
and deleting the exclusion in Section 51(xxvi).
regardless of colour or ethnicity), and
the idea that each person’s vote should
be equal. The racial discrimination in our
Constitution is an undemocratic error. On the
issue of race, our founding fathers erred.
Their error was based on outdated factual
and moral beliefs, now known to be incorrect.
Racial categorisations between human beings,
we now know, have no scientific basis. Race
should no longer, therefore, have any legal or
policy application. We now understand that
there is only one race: the human race.
Most would now agree that treating citizens
differently on the basis of race is unfair. This
is why removal of racial discrimination from
the Constitution has strong public support.
The race-based approach has also been
unsuccessful in addressing the problems
we face in Indigenous affairs. This practical
failure has had its roots in the philosophical
understandings that underpin the race-based
approach. Race is a colonial concept. Inherent
in the idea of race is the notion that some
races are superior and some are inferior. The
incorrect notion that Indigenous people belong
to an inferior or incapable race has arguably
had a poisonous effect on Indigenous policy,
law and, consequently, Indigenous people.
While in the past there was much adverse
discrimination against Indigenous people
on the basis of race, now there is positive
discrimination—well intentioned—but often
with adverse results. Cape York Institute’s
work in welfare reform has shown us this
all too clearly. The race-based approach
has perpetuated low expectations and
undermined personal responsibility.
Consequently, as many Indigenous leaders
have argued, the law and public policy
often fails to hold Indigenous Australians to
Ironically however, the Constitution now
makes no mention of Indigenous peoples
whatsoever. As a founding, historical
document, our Constitution is inadequate.
Mabo overturned the doctrine of terra
nullius in Australian domestic law. But our
Constitution fails to recognise that this land
was not empty when the British arrived. There
is no mention of the Indigenous contribution
to Australia’s heritage and history.
“Most would now agree
that treating citizens
differently on the basis
of race is unfair. This is
why removal of racial
discrimination from the
Constitution has strong
public support.”
The second problem is that the Constitution
contains racially discriminatory provisions
which enable governments to treat Australian
citizens differently on the basis of race. Section
25 contemplates barring races from voting.
Section 51(xxvi) gives the Commonwealth the
power to pass race-based laws—whether
positive or adverse.
This allowance and promotion of racial
discrimination is at odds with fundamental
tenets of democracy: individual equality
before the law, the rule of law (in that the
same rules should apply to each individual
Issue No 29 // May 2014 17
the same responsibilities and expectations
as other Australians. This attitude does
Indigenous people a great disservice.
We must unequivocally reject the idea that
Indigenous people are innately or biologically
disadvantaged. Indigenous people are not
an inferior race. Yes, Indigenous people are
for the most part socially and economically
disadvantaged due to past discrimination,
dispossession and other contemporary
factors. And yes, we should do everything
we can to assist disadvantaged people,
black or white. But we should do so on
the basis of individual need—not race. A
person is not automatically disadvantaged
just because he or she is Indigenous. A
person should be rewarded on their merits,
and assisted in their needs. Race, and
Indigeneity, should be irrelevant to matters of
public welfare and government assistance.
We need to move from Indigenous
non-recognition to recognition. And we
need to move from a position of racial
discrimination in law and public policy, to one
of individual equality before the law.
Reform for recognition means symbolic
constitutional recognition of prior and
continuing Indigenous occupation of this
land, and recognition that Indigenous
cultures, languages and heritage are
Australia’s cultures, languages and
heritage—an important part of our national
identity. This is simply a historical truth that
should be stated in our founding document.
Prime Minister Tony Abbott once said that
‘every Australian needs to feel some kind of
mystical bond and union with every other
Australian… to build a nation.’ Arguably
that ‘mystical bond’ is our shared
Indigenous heritage, that most ancient part
of our national story that has for too long
been denied.
Our British inheritance is recognised. It has
been embodied in the Constitution since 1901:
through the English language in which it is
written, through the structures of democratic
government it sets in place, inherited from the
English system of law, and by instating the
British monarchy as our Head of State.
Australia’s Indigenous heritage should rightly
sit alongside these fundamental British
traditions and institutions. It is, after all, our
Indigenous heritage, that gives us that which
is unique in the world.
Reform for equality before the law means
the racially discriminatory Section 25 should
be removed. The ‘race power’ should also
be removed and replaced with a new power
allowing governments to pass necessary
laws specific to Indigenous affairs, such as
Native Title and Indigenous heritage laws.
But the new Indigenous affairs power should
not be used for matters of public welfare or
government socioeconomic assistance. These
matters should be addressed not on the basis
of Indigeneity, but on the basis of individual
and community need. This distinction should
be made clear in the drafting.
The most common objection to the
propositions I have made for constitutional
reform on the basis of Indigenous recognition
and equality before the law, is that there is a
contradiction between the two principles, or
that they are separate and should be dealt
with separately. But this in my view is incorrect.
The racial discrimination allowed by our
Constitution is inextricably linked to the
Indigenous history we want recognised.
So extreme was the discrimination against
Indigenous people, it initially even denied
that we existed. This is what Indigenous
recognition is all about—overturning the
fallacies of non-existence and racial inequality.
There is no contradiction in saying we
recognise the importance of the nation’s
unique Indigenous heritage and history, while
at the same time confirming that we are all
equal on the basis of our shared and equal
Australian citizenship. The two propositions
are complementary. The one entails the
other. What’s more, both propositions are
politically necessary.
It is the confirmation that all Australians are
equal before the law that legitimises and
makes acceptable the symbolic recognition
of Indigenous history and heritage. It confirms
we are not creating a separate category of
special treatment or collapsing into cultural
relativism. It confirms that the same rules
should apply to all Australians.
Likewise, it is the symbolic recognition
of Indigenous heritage, languages and
cultures, that confirms that the ‘one land,
one law’ principle need not dissolve into
mere assimilation and cultural loss. Equality
before the law needs to go hand in hand
with a renewed appreciation of the nation’s
rich Indigenous traditions that in our national
psyche should carry as much pride as our
British traditions and institutions.
This land was not terra nullius when the
British ships arrived. But recognition should
go with equality. This is the yin and the yang.
The amendment proposition needs to have
this balance.
Indigenous recognition and equality before
the law are correct principles for a fairer,
more reconciled nation. We first need to
agree on this. Then, the challenge will be for
the lawyers and drafters to express these
principles, carefully and precisely, in the right
constitutional amendments.
“It is the confirmation
that all Australians are
equal before the law
that legitimises and
makes acceptable the
symbolic recognition
of Indigenous history
and heritage.”
In addition to removing the two racially
discriminatory provisions, Australia should
adopt a new constitutional provision
prohibiting racial discrimination in laws
and policies and ensuring equality before
the law with respect to race, ethnicity and
colour. This is necessary to overturn the
racially discriminatory precedent that has
built up since 1901, through legislation,
policies and case law. The Race Power and
Section 25 established the wrong principle
in our Constitution. A new, correct principle
needs to be set in place. Simple removal of
discriminatory provisions is insufficient.
Those on the left have long argued that
we should stop the adverse discrimination
against Indigenous people. Those on the right
often argue we should stop the perceived
preferential treatment of Indigenous people.
The balanced ‘radical centre’ position, and
arguably the fair and correct position in a just
democracy, is to eliminate both adverse and
preferential treatment on racial grounds.
Issue No 29 // May 201418
The mooted changes to the Racial
Discrimination Act (RDA) do not bode well for
Aboriginal and Torres Strait Islander peoples.
Should section 18c of the RDA be repealed,
the protection against acts that are likely to
‘offend, insult, humiliate or intimidate’ on the
basis of race would be erased.
While the consultation phase on
amendments to the RDA is now over, the
Board of Reconciliation Australia reiterates its
strong objection to any changes that weaken
the protections against racial discrimination.
The RDA currently ensures all Australians are
protected from discrimination on the grounds
of race, colour, descent or ethnic origin.
We share the concerns strongly expressed
by Aboriginal and Torres Strait Islander
leaders and leaders from the Greek, Jewish,
Chinese, Arab, Armenian and Korean
communities who have spoken out against
the changes saying that all Australians
have the right to be protected against racial
discrimination and vilification.
And the vast majority of Australians agree.
A recent Nielsen poll found 88 per cent of
respondents believe it should be unlawful
to offend, insult or humiliate based on
race. In other words nearly nine out of 10
Australians disagree with the Government’s
proposed changes.
As Race Discrimination Commissioner Tim
Soutphommasane says, that’s because
there is nothing wrong with the current laws.
“I think there’s a resounding statement here
of Australia’s racial tolerance. People see no
need to change laws that have been in place
for almost 20 years, laws which have worked
well,” he said.
“It’s important that we have laws that reflect our commitment to values of civility, decency and racial tolerance, and that’s what we’re seeing through this poll.”
Reconciliation Australia condemns all forms of racism. Racism is harmful. It destroys the confidence, self-esteem and health of individuals, undermines efforts to create fair and inclusive communities, breaks down relationships and erodes trust.
Racism perpetuates inequalities and can directly or indirectly exclude people from accessing services and opportunities. Racism remains a major barrier to achieving our vision for a just, equitable and reconciled Australia. It remains a barrier to governments seeking to close the gap on health outcomes, and to improve economic participation through employment and education.
The fact is that many Aboriginal and Torres Strait Islander people continue to experience racism on a far too regular basis.
But little by little that is changing.
In recent years we have seen a generally calm and reasoned debate about the terrible impact of racism and its place in Australia’s history and the relationships between the First Peoples and other Australians.
Australia’s sporting codes in particular have shown great leadership in banning racism from the sporting field and working hard to better educate sports fans and the general
Racism. It Stops with Me and the Anti-Hate campaigns have joined forces to promote the good stuff people do to show they don’t accept racism in the community.
Rant against racism invites you to tell how you stood up to racist behaviour using wit, humour, anger or simply by quietly making your point. Your story will put you in the draw to win a prize.
Remember, every time we ignore a hateful comment we are supporting it. By allowing the minority to speak on our behalf, we hurt our friends and divide our community.
So enter now at www.rantagainstracism.com.au and share your story.
All entries will be posted online at antihate.vic.gov.au. The top five entries will each receive a $100 JB HiFi voucher. Winners will be notified and entries will be published on 1 July 2014.
public about the detestable nature of racism and bigotry.
Similarly, our own Reconciliation Action Plan program stimulates awareness and understanding of racism in the workplace and has had a marked effect in fostering better staff relations in hundreds of organisations.
Nevertheless, in the past year, the Australian Human Rights Commission has seen a 57 per cent increase in complaints based on racial abuse, further evidence that the protections provided by the RDA should remain intact to ensure racial tolerance in a multicultural society.
Like other Australians we strongly value the concept of freedom of speech, but that freedom must always be balanced against the rights of others.
Reconciliation Australia urges the Government to heed the views of nine out of ten Australians and withdraw its draft changes to the RDA. The Act has served us well in its present form for the past 20 years and there is simply no compelling reason to alter it.
No reason to unbolt the RDA
The Board of Reconciliation Australia: Peter Nash, Joy Thomas, Jason Glanville, Djapirri Mununggirritj, Co-Chair Melinda Cilento, Kirstie Parker, Co-Chair Dr Tom Calma AO, The Hon Fred Chaney AO and Dr Ken Henry AC, absent: Kenny Bedford. (Image by Lindi Heap)
Issue No 29 // May 2014 19